Terms of Use

1. General Terms

1.1

These general terms of use ("terms of use") govern the contractual relationship between AVM and you ("user") in using the MyFRITZ! website.

1.2

By agreeing to the terms of use when registering, you are accepting these terms of use and entering into a contract with AVM on the use of MyFRITZ! ("license agreement").

1.3

Registration as a MyFRITZ! user is free of charge. The data requested by AVM for registration must be supplied correctly and in full.

1.4

During login you create a user name (consisting of your e-mail address) and select a password. Keep this password secret. AVM will not forward the password to any third parties. AVM will request the password only for login, never by e-mail or any other means.

2. The Services We Include with MyFRITZ!

2.1

MyFRITZ! is an optional free service from AVM.

2.2

MyFRITZ! can be used only in connection with certain AVM products or AVM services that are expressly mentioned in connection with MyFRITZ!.

2.3

The use of MyFRITZ! is merely a general possibility. There is no guarantee for the availability of the servers required for MyFRITZ! nor for the functionality of MyFRITZ!.

2.4

The general possibility of using MyFRITZ! is given only in connection with the state of technology. Temporary restrictions may arise through technical disruptions like interruption of the power supply, hardware or software errors, etc. AVM continues to reserve the right to restrict its services temporarily. This may be required because of limited capacity, the security and integrity of the servers, or in order to perform technical measures that serve the orderly or improved integration of services. In these cases AVM considers the justified interests of the users.

2.5

In order to perform work on the system, there are planned maintenance times during which certain functions may not be accessible or only to a limited degree. This maintenance is required to preserve the security and integrity of the servers, especially to avoid serious disturbances of the software and saved data.

2.6

AVM reserves the right to terminate the MyFRITZ! service at any time.

3. Your Obligations as a MyFRITZ! User

3.1

If you have used the opportunity in MyFRITZ! to select a domain name of your own, you are responsible for making sure that the domain name violates neither any legal regulations nor the rights of third parties (including the rights of AVM). AVM advises that if this is the case—especially for international terms—you must comply with other national legal systems.

3.2

You are responsible for the contents you provide or make accessible on or via an AVM product (for instance, your FRITZ!Box). You are obligated to provide or make accessible no contents over MyFRITZ! that violate legal regulations or the rights of third parties (including the rights of AVM). This is also the case when such contents are made accessible through hyperlinks or other connections you may set on the websites of third parties.

3.3

You are not authorized to use software, scripts or any other tools in connection with the use of MyFRITZ!, which can impair the function of MyFRITZ!. You may not undertake any measures that can have an unacceptable or disproportionate strain on the AVM infrastructure as a consequence. It is not permitted for you to block, overwrite, or modify contents generated by AVM, or otherwise intervene with MyFRITZ! in a disruptive manner.

3.4

AVM reserves the right to terminate the MyFRITZ! service at any time.

4. Termination of MyFRITZ!, Blocking, Deletion

4.1

AVM reserves the right to terminate the MyFRITZ! service at any time. Should MyFRITZ! be terminated, AVM will delete your account information.

4.2

AVM is authorized, using equitable discretion (§ 315 of Bürgerliches Gesetzbuch, German Civil Code), to block or delete you as a user. This is permissible, for instance, if there are indications that your use of MyFRITZ! violates these terms of use, the rights of third parties, or applicable law, or if AVM has any other justified interest in blocking your use.

4.3

As soon as you have been blocked or deleted as a user, you can no longer use MyFRITZ! and cannot register again without previously obtaining express permission from AVM. A blocked or deleted account cannot be restored. There is no right to demand restoration of a discontinued account or activation of a new account with MyFRITZ!.

4.4

You can delete your account yourself at any time.

5. Our Liability

5.1

To the extent that AVM exercises its right to terminate MyFRITZ! at its own discretion (cf. section 2.6, section 4.1), AVM bears no liability.

5.2

To the extent that the general possibility of using MyFRITZ! (cf. section 2) should temporarily not exist, AVM bears no liability.

5.3

Liability of the gratis supplementary service MyFRITZ! is borne in accordance with the provisions of the law of donations ("Schenkungsrecht", §§ 516 et seqq. of Bürgerliches Gesetzbuch, German Civil Code).

5.4

In any event, the scope of application of the Telecommunications Act ("Telekommunikationsgesetz", TGK), the liability law of § 44a of the Telecommunications Act remains unaffected.

6. Your Liability

6.1

Should you culpably violate one of your obligations (section 3) or the rights of third parties, or legal regulations, and damages to AVM arise as a result of this violation, you are liable to AVM in accordance with statutory provisions.

6.2

Should you culpably violate one of your obligations (cf. section 3) or the rights of third parties, or violate statutory regulations, and a third party want to claim liability by AVM, you exempt AVM from all claims by the third party. (Example: the member name you chose violates the rights of a third party.) In this case you also bear the cost of legal defense for AVM including all court costs and fees for legal counsel.

7. Final Provisions

7.1

These terms of use are subject to the substantive law ("materielles Recht") of the Federal Republic of Germany with the exclusion of regulations that refer to foreign legal systems.

7.2

AVM reserves the right to change these terms of use without stating reasons. Any changes to the terms of use will be sent to you by e-mail at least two weeks before they take effect. If you do not object to the application of the changed terms of use within two weeks after receiving the e-mail, the changed terms of use are deemed to be accepted. In the e-mail that contains the changed terms of use AVM will expressly refer to this two-week deadline. If you do object, your account information will be deleted starting when the changed terms of use take effect (cf. section 4).

7.3

Should one stipulation of these terms of use be invalid, the remaining terms remain unaffected. The invalid stipulation is considered to be replaced by another stipulation that most closely approaches the purpose of the invalid stipulation in a legally valid way. The same is true for any loopholes that may be found.